Garcia v. Caliber Home Loans, Inc. et al.

Filing 12

Parties' Joint STIPULATION and ORDER Request Stay of All Proceedings. (1.) The Initial Scheduling Conference is CONTINUED to August 15, 2017, at 9:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe; (2.) E ach party may appear telephonically at the scheduling conference using the following dial-in number and passcode: dial-in number 1-877-411-9748; passcode 3190866. (3.) A joint scheduling report, carefully prepared and executed by all counsel , shall be electronically filed in CM/ECF one (1) full week prior to the Scheduling Conference and shall be e-mailed in Word format to [e-mail]; and (4.) If the parties file a dismissal or a notice of settlement prior to the scheduling conference, the conference will be vacated. signed by Magistrate Judge Barbara A. McAuliffe on 5/19/2017. (Herman, H)

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David T. Biderman, Bar No. 101577
[e-mail]
Kristine E. Kruger, Bar No. 253593
[e-mail]
PERKINS COIE LLP
1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Telephone: [phone]
Facsimile: 206.359.9000
Attorneys for Defendant
Caliber Home Loans, Inc.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAVIER JIM GARCIA,

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PARTIES’ JOINT STIPULATION AND
ORDER REQUESTING STAY OF ALL
PROCEEDINGS

Plaintiff,

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Case No. 1:16-cv-01767-DAD-BAM

v.
CALIBER HOME LOANS, INC., a
Corporation, and Does 1 through 50,
inclusive,

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Defendants.

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STIPULATION

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Plaintiff Javier Jim Garcia (“Plaintiff”) and Defendant Caliber Home Loans,

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Inc. (“Caliber” or “Defendant”) (together the “Parties”), by and through their

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counsel of record stipulate and agree as follows:

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WHEREAS Plaintiff filed this action on or about October 11, 2016;

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WHEREAS Plaintiff submitted a loan modification application to Defendant

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on November 19, 2016;
WHEREAS Defendant offered Plaintiff a loan modification on January 5,

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2017;
WHEREAS Plaintiff began making trial payments on his loan starting on
February 1, 2017;

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WHEREAS Plaintiff made all three trial payments, ending with a pay in
April 2017;

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WHEREAS Caliber offered a Plaintiff a permanent loan modification;

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WHEREAS there is an Initial Scheduling Conference set for May 24, 2017 at

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9:00 a.m.;
WHEREAS the parties are very close to settlement and are making
meaningful progress;
WHEREAS in order to avoid spending time, expense and judicial resources
in connection with the present litigation, the Parties have agreed to and request that
the Court grant the requested stay of the action until July 31, 2017;
WHEREAS upon completion of the successful settlement negotiation, the

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current action is expected to be dismissed, therefore, it would be in all parties’ best

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interest to stay the action until July 31, 2017 and continue all related deadlines;

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WHEREAS if no settlement has been reached by the expiration of the stay,

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the Parties agree that the Court will re-calendar all currently scheduled proceedings,

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including the Scheduling Conference;

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WHEREAS the stay requested herein is not requested for purposes of delay
and will not result in any prejudice to the parties or to the Court; and
WHEREAS the Parties wish to conserve judicial resources by staying this
matter pending the settlement discussion.
IT IS SO STIPULATED AND AGREED.

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DATED: May 18, 2017

PERKINS COIE LLP

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By: /s/ Kristine Kruger
Kristine E. Kruger, Bar No. 253593
[e-mail]

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Attorneys for Defendant
Caliber Home Loans, Inc.

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135632471.1

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PARTIES’ JOINT STIPULATION
Case No. 1:16-cv-01767-DAD-BAM

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DATED: May 18, 2017

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LAW OFFICE OF ALFRED A.
GALLEGOS
By: /s/ Alfred A. Gallegos
Alfred A. Gallegos, Bar No. 160971
[e-mail]

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Attorneys for Plaintiff
Javier Jim Garcia

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135632471.1

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PARTIES’ JOINT STIPULATION
Case No. 1:16-cv-01767-DAD-BAM

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ORDER

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Having considered the Stipulation of the Parties, the Court does not find

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good cause to stay this action. However, the Court finds good cause to continue the

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Initial Scheduling Conference until after July 31, 2017, in order to allow the parties

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to continue their meaningful progress toward settlement.

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Accordingly, IT IS HEREBY ORDERED as follows:

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1. The Initial Scheduling Conference is CONTINUED to August 15, 2017,

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at 9:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A.

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McAuliffe;

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2. Each party may appear telephonically at the scheduling conference using

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the following dial-in number and passcode: dial-in number 1-877-411-

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9748; passcode 3190866.

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3. A joint scheduling report, carefully prepared and executed by all counsel,

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shall be electronically filed in CM/ECF one (1) full week prior to the

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Scheduling Conference and shall be e-mailed in Word format to

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[e-mail]; and

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4. If the parties file a dismissal or a notice of settlement prior to the

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scheduling conference, the conference will be vacated.

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IT IS SO ORDERED.
Dated:

May 19, 2017

/s/ Barbara

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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